The pen: mightier than the word? – New Law Journal

Posted December 11th, 2018 in civil justice, civil procedure rules, costs, evidence, news, witnesses by sally

‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’

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New Law Journal, 12th November 2018

Source: www.newlawjournal.co.uk

More than 40 drug driving convictions overturned in probe over ‘data manipulation’ at forensics lab – The Independent

‘More than 40 drug driving prosecutions have so far been quashed over the manipulation of data at a forensics laboratory charged with testing samples from across the UK.’

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The Independent, 6th December 2018

Source: www.independent.co.uk

Letters to art experts not covered by litigation privilege – Litigation Futures

‘Letters between Sotheby’s and two art experts concerning the authenticity of an Old Master painting sold for over $11m are not covered by litigation privilege, the High Court has ruled.’

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Litigation Futures, 27th November 2018

Source: www.litigationfutures.com

Bus driver sacked for positive cocaine test awarded £40k as tribunal agrees drug came from students’ notes – Daily Telegraph

‘A bus driver who was sacked for testing positive for cocaine has been awarded £40,000 after a tribunal ruled the drug could have got into his system when he licked his fingers after accepting notes from students.’

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Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

Rape victims’ mobile phones will not be seized ‘as a matter of course’, new director of public prosecutions says – The Independent

Posted November 14th, 2018 in evidence, news, prosecutions, rape, search & seizure, victims by sally

‘Rape victims’ mobile phones will not be seized “as a matter of course” in criminal investigations, the new head of the Crown Prosecution Service (CPS) has said.’

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The Independent, 13th November 2018

Source: www.independent.co.uk

The challenges facing England’s new prosecution chief – BBC News

Posted November 14th, 2018 in budgets, Crown Prosecution Service, disclosure, evidence, news, prosecutions by sally

‘Max Hill QC takes up his role as head of the Crown Prosecution Service (CPS), the chief agency for conducting criminal prosecutions in England and Wales, at a hugely challenging time.’

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BBC News, 13th November 2018

Source: www.bbc.co.uk

Information Commissioner called to investigate ‘antiquated and wrong’ demands for rape victims’ records – The Independent

Posted November 12th, 2018 in disclosure, evidence, news, police, privacy, prosecutions, rape, sexual offences, telecommunications by tracey

‘Campaigners are demanding a full investigation into “antiquated and wrong” demands for access to rape victims’ mobile phone data and personal records. The Information Commissioner’s Office (ICO) is considering widening an existing probe into the use of claimants’ information, amid claims that prosecutors are making increasingly intrusive demands.’

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The Independent, 11th November 2018

Source: www.independent.co.uk

Home Office admits people were wrongly denied UK status after refusing to provide DNA evidence – The Independent

Posted October 25th, 2018 in DNA, evidence, families, news, visas by tracey

‘The Home Office has admitted that people have been wrongly denied UK status after refusing to provide DNA evidence in a breach of its own policy. Sajid Javid, the home secretary, said the government had illegally demanded DNA evidence in family visa cases, with at least seven people denied the right to stay in Britain because they refused to provide DNA samples to prove family ties.’

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The Independent, 25th October 2018

Source: www.independent.co.uk

Family law 2018: on divorce reform – Family Law

Posted October 23rd, 2018 in bills, case management, divorce, evidence, families, marriage, news by sally

‘David Burrows assesses the government’s proposals for an overhaul of divorce law, and supplies some suggestions of his own.’

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Family Law, 22nd October 2018

Source: www.familylaw.co.uk

Harassment – when new evidence isn’t – Nearly Legal

‘This was Homelets of Bath appeal from first instance judgment against them on Ms T’s claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false imprisonment, with damages to be assessed.’

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Nearly Legal, 21st October 2018

Source: nearlylegal.co.uk

Data gathering ‘may deny rape victims access to justice – The Guardian

Posted October 17th, 2018 in consent, criminal justice, data protection, disclosure, evidence, news, police, privacy, rape, victims by sally

The intrusive gathering of data about possible rape victims is unlawful and risks preventing them coming forward, according to London’s victims’ commissioner.

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The Guardian, 17th October 2018

Source: www.theguardian.com

Man on trial a second time for 1986 murders of Brighton schoolgirls – The Guardian

Posted October 17th, 2018 in child abuse, children, evidence, forensic science, murder, news, trials by sally

‘A paedophile accused of killing two nine-year-old girls more than three decades ago has gone on trial for a second time as prosecutors seek to draw on scientific advances in forensics on top of evidence from an original trial.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Failure to disclose vital evidence in criminal cases growing, says watchdog – The Guardian

‘Failure to disclose vital evidence is the biggest single cause of miscarriages of justice and the problem is getting worse, the outgoing chairman of the Criminal Cases Review Commission (CCRC) has said.’

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The Guardian, 11th October 2018

Source: www.theguardian.com

Scratched burglar jailed after being caught by nail clipping DNA – BBC News

Posted September 12th, 2018 in burglary, DNA, evidence, news, sentencing by tracey

‘A violent burglar who tried to destroy DNA evidence by clipping his victim’s fingernails has been jailed.’

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BBC News, 11th September 2018

Source: www.bbc.co.uk

Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

Woman racially assaulted on bus calls for CCTV rule change – BBC News

Posted August 30th, 2018 in closed circuit television, evidence, news, transport by sally

‘A woman who says she was racially assaulted on a London bus has called for transport companies to keep CCTV material for longer, after footage of her attack was deleted in just 10 days.’

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BBC News, 29th August 2018

Source: www.bbc.co.uk

Expert who sent first draft of evidence to solicitors “not a hired gun” – Litigation Futures

Posted August 17th, 2018 in drafting, evidence, expert witnesses, news, solicitors by sally

‘It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled.’

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Litigation Futures, 16th August 2018

Source: www.litigationfutures.com

How paedophile’s hands led to his conviction – BBC News

Posted August 15th, 2018 in child abuse, evidence, forensic science, news, rape, video recordings by sally

‘In July 2014, police in Manchester arrested a 34-year-old man on suspicion of filming himself raping a child. In the video, the face of the perpetrator was hidden but his hands were visible.’

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BBC News, 15th August 2018

Source: www.bbc.co.uk

Court warning after solicitor called by own client to give evidence – Law Society’s Gazette

Posted August 14th, 2018 in conflict of interest, evidence, news, witnesses by sally

‘A High Court judge has made clear that clients should resist calling their own solicitor to give evidence, warning that to do so may give rise to a potential conflict of interest.’

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Law Society's Gazette, 14th August 2018

Source: www.lawgazette.co.uk

Victims may stop reporting rape over fears phone evidence will be used against them, official warns – The Independent

Posted August 9th, 2018 in evidence, news, police, rape, victims by tracey

‘Women may not report rape to police because of fears material from their phones will be used to discredit them, the victims commissioner for London has warned.’

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The Independent, 8th August 2018

Source: www.independent.co.uk